Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19652 of 2025 Arising Out of PS. Case No.-143 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.
Ashutosh Kumar S/O Ramlakshan Yadav Resident of Village- Narepur Diyara, Ward No. 15, P.S.- Bachhwara, District- Begusarai 2.
Chhotu Kumar @ Niraj Kumar S/O Devendra Yadav Resident of VillageNarepur Diyara, Ward No. 15, P.S.- Bachhwara, District- Begusarai 3.
Dhananjay Kumar S/O Devendra Yadav Resident of Village- Narepur Diyara, Ward No. 15, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Singh For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2025 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
Learned counsel for the petitioners, at the outset, seeks permission to withdraw the anticipatory bail application with respect to Petitioner No. 1, i.e., Ashutosh Kumar, who was apprehended during pendency of the instant anticipatory bail application.
3.
Permission is accorded.
4.
Accordingly, the instant anticipatory bail application is dismissed as withdrawn with respect to petitioner No. 1.
Patna High Court CR. MISC. No.19652 of 2025(2) dt.23-04-2025 2/3 5.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 427, 307, 332, 353, 431 and 504 of the IPC and Section 8B of National Highway Act.
6.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and in sum and substance, the allegation is that petitioners were protesting against the appointment being made under the scheme of Agniveer, which led to road block at NH-28, accordingly the police personnel reached, when it is alleged that the accused persons including the petitioners created ruckus and even assaulted the police team and thus obstructed the police in discharging their duties.
7.
Learned counsel for the petitioners next submits that from perusal of the allegation, it would manifest that the informant alleges that 100-150 accused were present at the place of occurrence, as such the allegation of assault is general and omnibus in nature. It is also submitted that petitioners are students and were protesting; and as far as allegation of assaulting the police personnel is concerned, the same is exaggerated.
8.
Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.19652 of 2025(2) dt.23-04-2025 3/3 anticipatory bail of the petitioners.
9.
Considering the submissions made by the learned counsel for the petitioners, the petitioner Nos. 2 and 3, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bachhwara P.S. Case No. 143 of 2022, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) SUMIT/- U T